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Injunction to Prevent Repeat Violence

Whether it’s constant tension with a co-worker or altercations with your roommate, a repeat violence injunction can turn a few unfortunate incidents into a legal mess. If you’ve been served a repeat violence injunction, believe you may be served a repeat violence injunction in the near future, or have been summoned for a repeat violence injunction hearing, you need an experienced legal team on your side. Contact Hanlon Law today to schedule a free consultation. 


What Is An Injunction? 


Simply put, an injunction is just a court order that restricts or prohibits certain behaviors. Injunctions are typically sought by victims of violence, abuse, or stalking to protect themselves from further harm. 


On the basis of the petitioner’s (the person requesting the injunction) testimony alone, the court may grant a temporary, or ex parte injunction. These orders may not exceed 15 days in duration, and no hearing is required for the injunction to be obtained. At the end of the 15 days, the petitioner may request to have the order commuted to a permanent injunction. 


Permanent injunctions may last for any length of time the court dictates, including up to the life of the petitioned (the person the injunction is against). However, permanent injunctions cannot be granted until a hearing has been held where both the petitioner and the petitioned are allowed to plead their case. 


It’s important to note that temporary injunctions are only granted if the petitioner is in imminent danger. If there is not enough evidence to support this threat, the court may deny the temporary injunction and instead schedule a hearing to determine whether a permanent injunction is appropriate. 


What is a Repeat Violence Injunction? 


A repeat violence injunction is just what the name suggests: an injunction designed to prevent repeat violence. Florida Statute 784.046 defines repeat violence as two or more incidences of violence, sexual violence, dating violence, and/or stalking directed against the victim and/or the victim’s immediate family. Unlike domestic violence, where the parties involved must reside within the same shared household or have a child together, or dating violence, where the parties must be involved in an ongoing intimate relationship, repeat violence can happen between any two individuals, regardless of their relationship to one another. 


In order for a repeat violence injunction to be granted, one of these incidents must have occurred within 6 months of petitioning for the injunction. While repeat violence injunctions are often requested by a victim of abuse to protect themselves from their abuser, they may also be sought by immediate family members of the victim who feel they are also in danger, even if the acts of violence were not committed against them directly. So, for example, say a victim of repeat violence lives with their parents. So long as the repeat violence is ongoing (with the most recent incident occurring within the last 6 months), either parent may petition the court for an injunction. Similarly, if one partner in a relationship is a victim of repeat violence, the other partner who has not yet been victimized may seek an injunction. 


What Does An Injunction to Prevent Repeat Violence Do? 


The specifics of what a repeat violence injunction restricts will, like all injunctions, depend on the situation, what the petitioner is requesting, the type of injunction sought, and the court’s discretion. However, some typical restrictions include: 


  • Prohibiting, restricting, or dictating certain methods of contact between the petitioned and the petitioner, direct and/or indirect (such as through a third party)
  • Disallowing the petitioned from coming within a certain radius of the petitioner, their place of residence, their place of employment, or other places frequented by the petitioner
  • Banning the use and/or possession of a firearm, or requiring firearms be surrendered to local authorities


Experienced Injunction Defense Lawyers in the Orlando Area 


A permanent injunction can have far-reaching consequences for the rest of your life. That’s why you need a seasoned injunction defense team like Hanlon Law. With nearly two decades of experience, our attorneys are well-prepared to help, finding every opportunity to advocate on your behalf and exploring all avenues of possible defenses. Even if you’ve just been served an ex parte injunction, it’s still wise to seek counsel. That temporary inconvenience may turn into a long-term problem, and our expert injunction defense attorneys will do everything in their power to stop that from happening. Contact Hanlon Law today to schedule a free consultation.

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